In Canada, temporary residents who have lost their status or allowed their authorization to work or study to expire can apply to restore their status under section 182 of the Immigration and Refugee Protection Regulations (IRPR).
According to Section 47 of the Immigration and Refugee Protection Act (IRPA), a temporary resident may lose their status if they remain longer than allowed, engage in unapproved job or study, or give incorrect information.
If someone who was in Canada temporarily loses their legal status to stay or work or study, they can apply to get it back. However, they can only restore their previous temporary status and authorization. For instance, a student who lost their status is ineligible to regain it with permission to work.
Legal status and authorization
It is crucial to remember that under the IRPA, status and authorisation are separate notions. Authorization is the right to work or study in Canada; status is the legal right to be in Canada.
Application requirements
The applicant must:
- Apply within 90 days of losing their status
- Meet the initial requirements for their stay
- Remain in Canada until a decision is made
- Have not failed to comply with any condition imposed automatically by regulation or by an officer, other than those stated below
- Have lost their status only because they have failed to comply with any of the following conditions imposed by an officer:
- paragraph R185(a)
The period authorized for their stay.
- subparagraphs R185(b)(i) to (iii)
The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the:
-
-
- type of work
- employer
- location of work
- paragraph R185(c)
The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
-
-
- type of studies or course
- educational institution
- location of the studies
- times and periods of the studies
- not be the subject of a declaration under subsection 1(1), the Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.
- continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable
According to the Immigration and Refugee Protection Regulations (IRPR), a candidate is only qualified to regain their status if they have lost it as a result of failing to meet specific requirements set by an officer.
These terms cover the length of their stay, the type of work they are allowed to do, their employer, and the place where they can do it, as well as the kind of studies they are allowed to do, the educational institution where they can do it, the place where they can do it, and the times and intervals during which they are allowed to do it.
Specific requirement details
90-day period
- Foreign nationals who have lost their temporary resident status have a 90-day window to apply for restoration. Section A47 of the Immigration and Refugee Protection Act (IRPA) states that a foreign national’s status may be terminated if they are found to have disregarded any other IRPA requirements or if their time of allowed residence expires.
- under section A47,
- a period of authorized stay includes periods of status imposed by operation of law (maintained status) under subsection R183(5)
- if an application is rejected under section R12 as incomplete, there is no extension of the period of authorized stay (maintained status)
- under paragraph R222(1)(a), a study permit becomes invalid 90 days after the student completes their program of study
- If a foreign national’s request to extend their temporary resident status under section R181 is denied, they have 90 days from the rejection date to submit a restoration application, if they are otherwise qualified.
- If an application for extension is received after the temporary resident status is lost, the case processing centre should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.
- Foreign nationals must submit their restoration application and associated fee within 90 days of the day their status expired.
According to section A47 of the Immigration and Refugee Protection Act, foreign individuals who lose their temporary resident status in Canada have 90 days to seek for reinstatement.
Loss of status may result from failing to meet IRPA standards or from the approved stay period expiring. If an extension request under section R181 is turned down, applicants may still submit an application for restoration within 90 days if they fulfill other requirements. Nevertheless, if a request for an extension is made after status has been lost, it will be denied; however, the applicant may still submit a restoration application.
Note that 90 days after the status’s expiration date, restoration applications and associated costs must be sent in. Additionally, study permits become invalid 90 days after the student completes their program of study.
Continuation of work or study
Foreign nationals who lose their status in Canada must submit a restoration application in order to recover their right to work or enroll in school. They are not permitted to work or go to school during this time until their status has been cleared up and they have been issued a new work or study visa. If they don’t follow section R185’s requirements, they must either seek for status restoration or leave Canada right away.
Leaving Canada
Leaving Canada means seeking a new entry. Restoration of status can’t be granted at the port of entry. This means that any previous non-compliance with imposed conditions may make them ineligible to enter Canada again. Therefore, foreign nationals must apply for restoration before leaving. Non-compliance may result in inadmissibility.
Possible restoration scenarios
When applying for restoration, foreign nationals can only revert back to their previous status and authorization before their status was lost.
Foreign nationals can only restore their previous status and authorization. For instance, a student out of status can’t restore their status with work authorization, but only with study authorization.
Students
In order to regain their temporary resident status and study permit, students who have lost their study permit status in Canada must submit an application. In addition, if they satisfy the conditions of the program, they may submit an application and pay for a work permit. Their application for a work permit will be processed if they are granted a study permit.
For students applying for a post-graduation work permit, workers, and visitors who have lost their temporary resident status, they may apply for restoration of their status in Canada.
Workers
If a temporary resident with a work permit loses their status while in Canada, they have 90 days to request for a reinstatement of their temporary resident status and permission to work. If they satisfy the conditions, they can also submit an application and pay the expenses for a study visa. Nevertheless, the study permit won’t be evaluated until the repair and work permit applications have been granted.
Visitors
Visitors may also apply for a work or study permit when restoring their status. Temporary residents in Canada who are eligible to apply for a work or study permit (R199 or R215) may apply for it when restoring their temporary resident status. They must pay fees for the study or work permit in addition to the restoration fee, unless they are exempt.
Temporary resident permit (TRP) holders
if a temporary resident permit holder has let their permit expire, they are not eligible for restoration and must apply for a new a TRP. It is important to note that satisfying the officer that they are a genuine temporary resident and meeting all the requirements of the IRPA are necessary for obtaining a new TRP.
Restoration costs
Foreign nationals applying for restoration must pay all corresponding fees. Restoring as a temporary resident requires a fee of $200. If a foreign national also requires a work or study permit, they must pay the cost recovery fees for each permit in addition to the restoration fee (that is, $200 plus each permit fee), unless they are exempt.
For instance, a study permit holder who wants to restore their study permit and apply for a work permit must pay fees for restoration, study permit, and work permit ($155). Each application for a study or work visa is processed when the restoration application has been vetted and, if accepted, reviewed.
Process at the Case Processing Centre in Edmonton (CPC-E)
Step 1: Application Review and Fees
CPC-E receives the restoration application and ensures needed documents and money (restoration charge + any permit cost, if applicable) are included.
Refer to the PGWP Program application process for students applying for a post-graduation work permit (PGWP).
Step 2: Eligibility Assessment
- The officer determines if the applicant is eligible for restoration; if so, the officer proceeds with the application review, including medical results and bona fides.
- issues medical instructions if a medical examination is required by mailing the following to the client:
- medical instructions
- a medical examination form [IMM 1017]
- panel physician list
- If all requirements, including medical examination findings, are satisfied, a visitor record (or suitable permission) stating the conditions for status restoration is mailed to the client.Step 3: Ineligible Applicants
Ineligible Applicants
- The officer rejects the application and notifies the applicant in writing that they must leave Canada right away if they are not qualified for restoration.
- The officer decides if a section 44 report could be required because of a potential IRPA or IRPR violation.
- Written case notes describe the infraction.
- For additional evaluation and perhaps an interview, the application is forwarded to a Domestic Network (DN) office close to the applicant’s domicile.
Process at DN office (if applicable)
If the restoration application is referred to a local office, the DN officer may interview the applicant before making a decision to approve or refuse the application.
- If the application is approved and restoration is granted, the applicant is provided a visitor record or relevant permission describing the new terms.
- If restoration is denied, the applicant is informed of the decision. The applicant is informed of the denial and the reasons for it in writing.
Note: Rejected candidates are advised to leave Canada immediately.
Overall, restoring temporary resident status is possible for those who have lost their status or authorization, but it is important to understand the limitations and requirements of the process. Seeking professional advice from an immigration lawyer or consultant can help ensure that the application is completed correctly and that the best possible outcome is achieved.
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